ZAŠTITA PRAVA NA ODBRANU – PRAVNE GARANCIJE I IZAZOVI U ODRŽAVANJU STANDARDA PRAVIČNOG SUĐENJA
PROTECTION OF THE RIGHT TO DEFENSE – LEGAL GUARANTEES AND CHALLENGES IN MAINTAINING FAIR TRIAL STANDARDS

Summary/Abstract: Modern criminal procedural law, whether viewed from a professional or scientific perspective, prioritizes achieving a socially acceptable goal of criminal proceedings. Key questions in this context include: whether a criminal offense has been committed, whether the person against whom the criminal legal claim is directed has committed the offense, whether they are guilty or not, and whether criminal sanctions can be applied in accordance with substantive criminal law. All participants in criminal proceedings must continuously seek answers to these questions. In this pursuit, each party is naturally motivated to use all available mechanisms to convince the court of the strength and quality of their claims and arguments. The principle of equality of arms, applicable to both the suspect and the accused, as well as the prosecutor, best reflects the legislator´s intent to establish a balance between the main actors in criminal proceedings and ensure equal procedural opportunities. With this goal in mind, the right to defense in criminal proceedings has been established as a fundamental legal institution. It guarantees that the rights and duties of the suspect or accused will be fully respected throughout the proceedings. This right also serves as an additional mechanism for ensuring stricter implementation of all provisions of substantive and procedural criminal law, as well as the practical protection and realization of normative guarantees for a fair trial. This paper provides an overview of the key aspects of the right to defense in the context of international legal documents and the legal framework of Bosnia and Herzegovina. Special emphasis is placed on the current state of judicial practice regarding the practical implementation of fair trial standards contained in the European Convention on Human Rights.

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